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Most owners of land plots mistakenly assume that they automatically become the legal owners of all buildings independently erected on this site. Accordingly, when selling such objects they have problems, because the property is not officially registered and there are no documents for it. I will tell you how to register a house on a private housing plot in this article.

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Registration procedure

Russian legislation does not have a precise definition of the concept of “private residential building”. But, factors have been established on the basis of which private buildings can be considered individual residential real estate:

the residential building is located at a distance from other buildings and does not have common façade elements with them;
a family permanently lives in a private house, and the number of residents does not matter;
in a residential building no more than 3 floors.

On garden plots you can build small country houses and permanent buildings that can be used for permanent residence. Legally, such objects differ in the presence/absence of rights of residence in them. For small buildings in which there are no conditions for comfortable living, such a right is unacceptable.

To legally obtain residence rights in a private house, the building must be registered as a permanent structure. That is, a residential building must stand on a solid foundation, have sufficient area, all the necessary communication systems, and meet other standards provided for capital buildings.

Required Documentation

To officially register any individual building erected on a plot of land on which the law provides for development, the owner must first collect the necessary documentation.

List of documents that are needed to register a private house or cottage after its construction:

application in the prescribed form;
citizen's passport;
papers certifying an individual’s ownership of land that can be used for private housing construction;
cadastral passport of the land plot;
receipt of tax payment to the state.
BTI certificate;

If the house was built before March 1, 2015, its owner provides only a cadastral passport for an individual construction property. Other documentation is optional.

If it is necessary to register a residential property built after March 1, 2015, an additional certificate of commissioning of the residential building is drawn up.

If several owners apply for an object, they must provide a full set of documents identifying the owners of real estate.

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Acceptable use of farmland

For a plot allocated for individual construction, it is allowed to build a house for the owner and his family to live in. Despite the fact that the land is privately owned, construction permits must be obtained. The finished house will need to be put into operation and registered in a certain order.

In addition to the house, the owner has the right to build various utility rooms: sheds, bathhouses, warehouses and garages for equipment, etc. ˗ no permit is required for their construction. However, such buildings cannot be residential, and they are supposed to be used for various household needs.

In addition to the construction on individual housing construction land allocated from farmland, activities that coincide with the intended purpose of this site are allowed:

growing crops and fruit trees;
breeding of farm animals;
country house construction.

Who to contact

To register an individual residential building, its owner needs to visit the MFC or a territorial division of Rosreestr. In this case, submission of an application in the established form is allowed personally by a citizen who is the owner of real estate, or by a third-party person, for whom a power of attorney is previously issued and certified by a notary.

A package of collected documentation for property registration can be sent through the Russian Post Office by registered mail, which must include an inventory of all provided papers and the declared value. You can also submit an application via the Internet on the official portal of Rosreestr, but this does not exempt the applicant from visiting the organization’s office.

Important! The applicant must personally submit the original documents to the office of the MFC (Rosreestr).

Registration process

Registration of individual residential real estate does not present any difficulties.

Action algorithm:

It is first necessary to draw up paperwork for the ownership of the land plot allocated for development or agricultural activities. It is necessary to contact one by one: SNT, local authorities, MFC or Rosreestr.
The next step is the preparation of technical documentation and a cadastral passport at the BTI or through a cadastral specialist.
Legal registration of property rights: payment of tax to the state, submission of documentation established by law to the MFC (Rosreestr). The state duty is 2 thousand rubles.

When completing paperwork through a cadastral engineer, it is recommended to first go to the official portal of Rosreestr. Here is a list of cadastral specialists who have the right to provide services in this field of activity.

The finished documentation is submitted to the MFC (Rosreestr). Employees of these organizations check the correctness of filling out the documents and provide a receipt for their acceptance. An employee of the organization indicates to the applicant the date when it is necessary to come to the organization’s office and pick up the completed documentation.

Features of registration of individual housing under the dacha amnesty

Federal Law No. 93 “On the Dacha Amnesty” provides the opportunity to register lands and buildings erected on them using a simplified system. Such objects are plots purchased by the owners before the introduction of the RF Land Code.

Categories of individuals who can register ownership rights to such objects using a simplified system:

owners of individual residential buildings without title documentation;
citizens who are the official owners of a land plot and are able to document this, but the type of right and name are not indicated in the title certificate;
owners of dacha plots that officially belong to the dacha cooperative (SNT), i.e. persons who are members of such legal entities, but without documents for the site.

Such privatization of land, according to current legislation, does not have a specific validity period. The simplified registration system for individual buildings is valid until the end of 2021.

When registering real estate located on a private plot of land and registering ownership rights according to a simplified scheme, you do not need to obtain additional permission to put the building into operation.

In other cases, it is impossible to register real estate without such a document. It must be obtained from Gosstroynadzor. Without this document, the property is automatically assigned the category of “unauthorized construction.” This may cost an individual a large fine, incl. demolition of the structure.

Such a permit is especially relevant for old buildings, which often do not meet modern building codes. To register a plot, the applicant must go to the MFC office and fill out the prescribed declaration form. This can be entrusted to a third-party individual who has a legally executed power of attorney.

List of documents to be submitted to the MFC center:

real estate cadastral passport;
a document confirming the identity of the citizen registering;
certificate of land ownership;
a receipt confirming that the owner of the immovable property has paid state taxes.

A cadastral passport is not needed when registering property rights of non-residential buildings located on a land plot. The owner of such real estate fills out a declaration.

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What to do first

You need to start by studying the issue of the legality of building another house on the site in principle. In current legislation, there are no direct restrictions on how many houses can be located on one piece of land at the same time. We are talking about garden plots, as well as those intended for:

personal subsidiary plot (LPH);
individual residential construction (IHC).

But for these buildings there are a number of restrictions, in particular, a maximum of 3 floors and a height of 20 meters. There are no maximum restrictions on the area of garden and residential buildings, however, if it is less than 500 m2, then notification to local authorities will be sufficient; if more than 500 m2, the development and approval of design documentation, examination and obtaining permission to commission will be required.

It would be optimal to go “by contradiction”, that is, make sure in advance that there are no prohibitions. Before starting construction, it is recommended to study the land use and construction rules (LRU) that apply in the territory of the municipality where the land plot is located. You also need to obtain a GPZU from the local administration - an urban planning plan for the land plot.

Having familiarized yourself with the PZZ and GPZU, it will be possible to understand whether it is possible to build a second house, and if so, where exactly and with what parameters it can be built. It will also become clear what can be done if it is impossible to build a second house. For example, you may need to reduce the size of your existing home.

Experts also recommend that you first use the services of a cadastral engineer from a design organization that has the appropriate license. This way you can receive a technical plan for the building - it is drawn up on the basis of a declaration for the property, and finally it will be sent to Rosreestr for registration. The declaration has a regulated content; a special form is used to fill it out. It must include a technical description of the object and information about:

owner;
cadastral quarter number;
cadastral number of the plot;
type of construction;
the exact location of the object.

The package of documents also includes consent to the processing of the owner’s personal data, floor plans, an extract from the Unified State Register of Real Estate, and an outline. Then all this is submitted to the MFC or online on the State Services portal.

Nuances of registration of unauthorized construction

The term “samostroy” means a building, the construction of which was carried out without the appropriate permits for construction work. Methods for legalizing illegally built objects are established by Federal Law No. 258 “On the legalization of unauthorized buildings.”

Immovable objects related to unauthorized buildings:

real estate built on land that was not originally intended for construction projects;
buildings erected in violation of fire safety and established urban planning standards;
residential buildings on private territories for which ownership rights have not been duly registered;
objects, the construction of which was carried out without notifying local administrations and obtaining relevant permits from them.

If a residential building erected on a dacha plot is recognized as a “self-construction”, the citizen-owner of the plot is deprived of the opportunity to formalize the ownership rights of such real estate, accordingly, carry out its sale and other legal actions. In this case, the state can impose a fine of up to 1 million rubles on a citizen. and demand the demolition of the building.

To prevent such negative consequences of self-construction, real estate must be registered. There are only two ways to legitimize “squatter construction”: to take advantage of the dacha amnesty or through the courts.

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Is it possible to register a house as a guest house or how can the construction be legalized?

The judicial procedure for the legalization of buildings is based on the principle of subsection. 3 p. 1 art. 8 of the Civil Code of the Russian Federation, according to which one of the grounds for the emergence of civil rights and obligations is a court decision. Edition of Law No. 93-FZ regarding paragraph 3 of Art. 222 of the Civil Code of the Russian Federation provides for the possibility of acquiring ownership of a self-built building for a person who has the right of ownership or the right of inheritable ownership or the right of perpetual use of a land plot. Accordingly, if it is proven in court that the developer has the right to the land, and the erected structure does not pose a threat to the health and life of citizens, and also does not violate the interests and rights of third parties, the court decision will be made in favor of the applicant.

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